Pension benefits accrued prior to marriage in event of judicial separation/divorce

A

Anfear

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If a person was a member of a pension scheme for some years before they got married, is that period before marriage taken into account (in terms of pension value) in the Courts deciding the pension split on judicial separation/divorce? My own thought is: it's like owning a house before you got married - "too bad, when you tie the knot, it's all in the pot"!! Maybe that's a bit simplistic, any ideas? thanks
 
Re: Pension benefits accrued prior to marriage in event of judicial separation/divorc

The judge can take anything into account. The judges primary concern is the childrens welfare, and after that it's trying to ensure a fair distribution between the spouses taking all circumstances into account.

In the hypothetical situation where a person has been paying into a pension for 20 years prior to the marriage and the marriage only lasts 2 years, it would be patently unfair to split it 50:50, so the argument should be made. At the very least, it's something that the judge may take into consideration when dealing with the overall split of assets (e.g. he gets 50% of the pension value, but gets less of the money in the savings account).
 
Re: Pension benefits accrued prior to marriage in event of judicial separation/divorc

That seems reasonable, thanks j26
 
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